In Practice
A writ of possession is issued by the court after a landlord wins an eviction case. It is the document that allows a law enforcement officer, usually a sheriff, marshal or constable, to remove a resident who has not left and return the home to the owner. Some states call it a writ of restitution or a warrant of eviction.
Only the officer carries out the writ. Property managers and maintenance staff do not remove residents or belongings on their own. After you receive a judgment, your attorney or the court clerk handles the writ request, and you coordinate the date with the officer. You usually need a locksmith or maintenance staff on standby for the lockout, and you need a plan for left-behind property that follows state law.
Example: the court enters judgment, the waiting period passes, and the officer posts a notice with a lockout date. The resident leaves before then, and you inspect the unit, take photos, and start the turn once the court process allows it.
The common mistakes are acting before the writ is served, handling personal property incorrectly, and failing to stop the process if the resident pays and the court allows it. Each state has rules for timing, notice and stored belongings. Check local law and work with your attorney before any lockout.
Writ of Possession: Common Questions
How long after a writ of possession is the tenant removed?
It depends on the state and the local officer. Some give a few days of notice and others schedule the lockout quickly. Ask your attorney for local timing.
Can a landlord use a writ of possession without a sheriff?
No. Only the officer named in the writ can carry it out, and self-help lockouts are illegal in most places.
What happens to belongings left in the unit?
State law sets the rules for storing, notifying and disposing of belongings, so follow your attorney's guidance before moving anything.
